CTIA Asks FCC to Act on Wireless Infrastructure Rules
CTIA petitioned the FCC for a declaratory ruling to put additional pressure on local governments to act on wireless siting applications: Clarify that under 2012 Spectrum Act Section 6409, if a siting authority “fails to timely act on an application,”…
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it's “deemed granted” and “applicants may lawfully construct.” And “clarify that the term ‘concealment element’ in its rules applies only to a stealth facility or design element, such as an artificial tree limb or screen, and that concealment requirements may not be used to disqualify an application as an eligible facilities request,” the wireless association asked. It requests more certainty on pole attachments, citing 5G, and posted Monday in docket 17-79. Commissioner Brendan Carr, the FCC lead on changes to wireless infrastructure rules, says more work is likely (see 1908060065). The National League of Cities declined to comment. Best Best local government attorney Gerard Lederer noted the Wireless Infrastructure Association is making a similar push (see 1908230052). “CTIA has now joined WIA in predictably pressing for additional FCC preemption of community authority without a legal foundation or factual basis for additional FCC action,” Lederer emailed. “Every complaint raised against a local government in the CTIA Petition has an avenue for resolution in the local federal district. If CTIA and its members were so positive that local government action was inconsistent with the FCC’s rules, why not pursue that avenue and let the FCC complete its work on a revised RF standard that would help providers and communities alike deal with the explosive growth in wireless deployments,” he asked.